IN THE CASE OF:
BOARD DATE: 21 February 2012
DOCKET NUMBER: AR20110015643
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of item 32 (Remarks) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the correct Social Security Account Number (SSAN). He also requests award of the Army Good Conduct Medal.
2. The applicant states:
* the last two digits of his SSAN are 17, not 07
* he did not received an Army Good Conduct Medal even though he received an honorable discharge
* he believes he is entitled to the Army Good Conduct Medal after giving 6 years of his life to the cause
3. The applicant provides:
* DD Form 214
* Honorable Discharge Certificate
* A letter from a United States Senator
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of
Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 2 October 1959. He completed training as a light weapons infantryman. He was assigned to Company A, 1st Battle Group, 3rd Infantry (The Old Guard).
3. A review of the applicant's DA Form 24 (Service Record) shows the last two digits of his SSAN as 17. His DA Form 24 also shows that his conduct rating was excellent and his efficiency rating was unsatisfactory during the period 4 December 1959 to 19 February 1960.
4. The last two digits in the applicant's SSAN are listed as 17 on every documents contained in his official military record requiring its use.
5. The applicant was honorably discharged on 1 October 1962. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 contains the entry "None." The last two digits of his SSAN are shown in item 32 as 07.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
7. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. According to the applicable regulation, the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. His DA Form 24 shows that his efficiency rating was unsatisfactory during the period 4 December 1959 to 19 February 1960. Therefore, he did not meet the criteria for award of the Army Good Conduct Medal. This part of his request should be denied.
3. Based on the applicant's DA Form 24 and all other documents contained in his official military record requiring its use, the SSAN shown on his DD Form 214 should be corrected.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X ___ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 32 on his DD Form 214 to show his SSAN as reflected on his DA Form 24.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to awarding him the Army Good Conduct Medal.
_______ _ X_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20110015643
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110015643
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080013034
Since all the documents in the applicant's records, except his discharge order and DD Form 214, show the last digit of the SSAN as "2," the SSAN listed on the applicant's DD Form 214 is obviously in error. As such, it would now be appropriate to award him the Good Conduct Medal and to add that award to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Good Conduct Medal for the period...
ARMY | BCMR | CY2005 | 20050001563C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 OCTOBER 2005 DOCKET NUMBER: AR20050001563 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. He departed Vietnam on 19 August 1969 and was transferred to Fort Campbell, where he remained until 17 November 1969, when he was transferred to Fort Hood, Texas. His records also show that he received Excellent...
ARMY | BCMR | CY2005 | 20050001563C070206
The applicant states that he was wounded on 13 March 1969 and was awarded the Purple Heart for that wound. He departed Vietnam on 19 August 1969 and was transferred to Fort Campbell, where he remained until 17 November 1969, when he was transferred to Fort Hood, Texas. His records also show that he received “Excellent” conduct and efficiency ratings throughout his service and there is no derogatory information contained in those records that would serve to disqualify him for award of the...
ARMY | BCMR | CY2007 | 20070018362C080407
The applicant's Enlisted Qualification Record (DA Form 20), which was prepared upon his entry on active duty, also lists an Army Service Number in Item 1 (Name and Service Number), and does not include a SSAN. The evidence of record also confirms that based on his service and campaign participation in the RVN, the applicant is entitled to the PUC, RVN Gallantry Cross with Palm Unit Citation, and 2 bronze service stars with his VSM. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2013 | 20130000382
Application for correction of military records (with supporting documents provided, if any). Item 32 (Remarks) of his DD Form 214 includes an entry showing his SSN with the first three digits as "082" and the last digit as "0." Therefore, there is sufficient evidence to change the entry in item 32 of his DD Form 214 to show his SSN as shown on his DD Form 398, DA Form 20, and discharge orders from the USAR.
ARMY | BCMR | CY2001 | 2001065991C070421
The applicant states that the last two digits of his SSAN should be "43" and not "34" as reflected on his DD Form 214. The is no evidence in the applicant's records to show that he was a tank driver (MOS 131.60). That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) to show in Item 32 on his DD Form 214 of 13 February 1961 that his correct SSAN is "XXX-XX-XX43."
ARMY | BCMR | CY2011 | 20110003562
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying period of active duty enlisted service. The instructions show for: (1) item 26 enter decorations awarded or authorized during the period covered by the DD Form 214, omitting authorities cited therein; (2) item 27 enter chronologically each wound received as the result of enemy action during the period covered by the DD Form 214...
ARMY | BCMR | CY2002 | 2002070267C070402
The DD Form 214 issued to him on the date of his separation contains a SSAN that differs from the one recorded in his DA Form 20. The evidence of record confirms that the applicant is entitled to be awarded the first award of the AGCM for honorable active duty service from 17 October 1966 through 10 October 1968. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the first award of the Army Good Conduct Medal; showing that...
ARMY | BCMR | CY2009 | 20090015652
Army Regulation 672-5-1 (Military Awards) provided for award of the Army Good Conduct Medal to individuals who completed a qualifying period of active duty enlisted service. While he doesnt provide evidence confirming his correct SSAN, the majority of documents in his file show the middle two digits of his SSAN as 84 vice 81. Its possible his DD Form 214 shows the digits 81 because those were the numbers on the orders releasing him from active duty. As a result, the Board...
ARMY | BCMR | CY2006 | 20060002304C070205
AR 672-5-1, in effect at the time of the applicant's separation provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. In pertinent part, it provided that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. As a result, the Board recommends that all...